Families and the war
By Dianna Thompson and Glenn Sacks
web posted November 25, 2002
As the United States prepares for war against Iraq, tens of
thousands of fathers who serve as reservists are preparing to say
good-bye to their families and serve their country overseas. Yet,
America's enemies abroad are not the only danger these
dedicated men will face. Upon return, those with child support
orders will face a threat here at home — the war that is being
waged against "deadbeat dads."
Bobby Sherrill, a divorced father of two from Parkton, N.C.,
was a casualty of that war. Mr. Sherrill, who worked for
Lockheed in Kuwait before being captured and held hostage by
Iraq for nearly five harrowing months, was arrested the night he
returned from the Persian Gulf War. Why? For failing to pay $1,
425 in child support while he was a captive.
If laws are not changed, thousands of today's reservists could
face a similar threat. Reservists' child-support obligations are
based upon their civilian pay, which is generally higher than their
active-duty armed forces pay. When a child-support obligor's
pay decreases, the remedy is to go to court and get a downward
modification. However, since reservists are often mobilized with
as little as 24-hours notice, few are able to get these
modifications before they leave. As a result, many reservists fall
hopelessly behind while serving, and can be subject to arrest for
nonpayment of child support upon their return.
For example, a naval reservist who has three children and who
takes home $4,000 a month in his civilian job could have a child
support obligation of about $1,600 a month. If this father is a
petty officer second class (E5) who has been in the reserves for
six or seven years — a middle-ranked reservist — his active-
duty pay would only be $1,912 before taxes, in addition to a
housing allowance.
States assess interest on arrearages as well as penalties on past-
due child support. Because the federal Bradley amendment
prevents judges from retroactively modifying or forgiving
support, obligors who fall behind for legitimate reasons cannot
have these arrearages wiped out. And even those returning
servicemen who avoid jail or other sanctions may still spend
years trying to pay off their child support debt — a debt created
entirely by their willingness to serve their country.
Though the Family Support Act of 1988 allows noncustodial
parents who have had a reduction in income to request a
decrease in their child support by getting downward
modifications, few state agencies honor such requests.
According to Elaine Sorensen of the Urban Institute, even among
fathers who experience income drops of 15 percent or more,
less than one in 20 are able to get courts to reduce their child-
support payments. Because state agencies are federally
reimbursed for every child-support dollar they collect, states
have a powerful incentive to grab and hold on to every dollar
they can.
Another problem is that the child support money that the armed
forces are supposed to take out of reservists' paychecks and
send to their families sometimes does not arrive. This was an
issue for many Gulf War veterans, and reservists are having
similar difficulties today. For example, Diane Keary, a custodial
mother from Monsey, N.Y., has not received a child-support
check since Joseph Keary Sr., her ex-husband, was called to
active duty five months ago. Computer glitches such as this, as
well as billing errors, can leave reservists subject to government
sanctions upon their return.
What is needed to solve the problem is legislation like that
passed by the Missouri legislature in the days leading up to the
Gulf War. The Missouri statute, which is unique in the nation,
requires an automatic adjustment of support for reservists called
up for active duty.
During the Gulf War, more than 250,000 reservists were called
up, and today more than 75,000 reservists and National Guard
troops are on active duty as a result of the events of September
11. Many are now being notified that they will be expected to
serve another year, and a total of 1.3 million reservists could be
called into service for indefinite periods in the event of war.
James, a 16-year veteran of the Navy and the commander of a
177-member Naval Reserve Unit on the West Coast, is
concerned about the effect that the current child-support policies
could have upon his sailors when they are called to active duty.
He says: "My people are sacrificing a lot to serve. I want them
focused on our assigned mission. I don't want them worrying that
their own government might come after them."
Dianna Thompson is a founder and executive director of the
American Coalition for Fathers and Children. E-mail:
DThompson2232@aol.com. Glenn Sacks writes about gender
issues from the male perspective. E-mail:
Glenn@GlennSacks.com.
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